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2018 (2) TMI 74 - AT - Central ExciseCENVAT credit - inputs/input services used in the manufacture of Silver - silver which is recovered during the course of the Pyro-metallurgical process by the appellant in which zinc concentrate, lead concentrate as well as bulk concentrate are charged - Department entertained a view that Silver is an exempted product, hence the Cenvat credit liable to be reversed - Rule 6 of the Credit Rules - Held that: - From the Imperial Smelting Furnace, Zinc bullion which floats at the top and the lead along with impurities such as copper/silver is removed from the bottom and taken to lead refinery, to obtain lead ingots. Silver emerges in the process of refining - the input to the Pyro-metallurgical process is zinc and lead concentrate. In the first part of the process, Zinc is recovered and in the second part, lead is recovered along with the by-product silver - the silver in the present case has indeed emerged in the process of manufacture of zinc by smelting. Accordingly, the appellant will be entitled to the benefit granted by Rule 6(6) (vi) of the CCR, 2004 - appeal allowed - decided in favor of appellant.
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